Shanghai Intellectual Property Court Proactively Drives Reform of Judgment Documents by Making the First Tabular Judgment

Recently, in the trial of a dispute case on a computer software development contract, as facts were clear and the parties involved had no dispute about the basic facts, Shanghai Intellectual Property Court made the first tabular judgment, proactively exploring the separation of judgment documents for simple cases from those for complicated cases. During the trial, the plaintiff and the defendant had no objection to the contractual agreements and the performance of the contractual items, and the only dispute was about the time of payment. After the pre-trial meeting, the collegial bench concluded that the facts of the case were clear and there was only one dispute focus, therefore, the trial was conducted through remote video and the parties involved expressed fully their opinions. The collegial bench made a tabular judgment after review of the case, the contents of which mainly included information of the parties involved, opinions of the plaintiff and the defendant, undisputed facts, dispute focus, judgment reasons and main text of the judgment. The judgment reasons were moderately simplified and concentrated on the dispute focus. The whole judgment was written in only about 1,000 characters. To explore the efficient distribution of the trial modes, judgment documents, etc. for complex and simple cases is concrete practice of our court to implement the Several Opinions of the Supreme People's Court on Further Promoting the Efficient Distribution of Complex and Simple Cases and Optimizing the Allocation of Judicial Resources, providing convenience to the parties involved and greatly promoting the efficiency of case trial. The trial period of this case is less than three months, effectively promoting the convenience and timeliness of judicial remedies for intellectual property. It is a constructive attempt to solve the problem of “long period” for trial of intellectual property cases.

 

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